Theory of Government in Ancient India (Post-Vedic) c9.21

c9.21

The spiritual life, the moral order of the world and the existence of all beings, depend on the king and " a Brāhmaṇa versed in the Vedas," including worldly knowledge and power of argumentation.² Brāhmaṇas who are versed in sacred lore and base their conduct on it should be exempted by the king from corporal punishment, imprisonment, fines, exile, censure and disgrace.³ Kṣatriyas prosper when they are assisted by Brāhmaṇas. A king must have a well-born, handsome, eloquent, virtuous and austere Brāhmaṇa as a domestic priest to assist him in the discharge of his religious duties. Brāhmaṇas, as a class, occupy a transcendent position. For instance, the king is once declared to be " master of all with the exception of Brāhmaṇas."⁴ Caste privilege vitiates the whole of criminal law in Gautama as in other Hindu writers. For instance, a Brāhmaṇa abusing a Kṣatriya has to pay fifty Kārṣāpaṇas, abusing a Vaiśya he pays half the amount but he may abuse a Śūdra with perfect immunity.⁵ It need hardly be added that Gautama lays down numerous rules of civil law.¹ In judicial administration, he insists on the importance of witnesses and by heaven and hell exhorts all to speak the truth in court except when it may cost the life of a good man.² In his scheme of sanctions for morality, Gautama seems to rely primarily on penances, voluntary or enforced, and devotes but a small space to royal chastisement.